From ‘ghost guns’ to gangs, 5 lessons from Canada for NZ firearms reform
- Written by Alexander Gillespie, Professor of Law, University of Waikato
Canada and New Zealand share an important approach to gun control: both countries view firearms as a privilege, not a right.
The similarities don’t end there, either. Both have strong and legitimate firearms-owning communities, and both have problems with self-harm and rapidly changing technologies.
They also face similar threats, including young people and violent extremism, and rising firearm violence[1] in general. Both have a tragic history of mass shootings.
But both can learn from each other. Canada’s recent Mass Casualty Commission[2], which followed an armed rampage in Nova Scotia in 2020 that left 22 people dead, highlighted the dangers of ignoring warning signs of gender-based violence and the need for better community policing.
Similarly, New Zealand’s royal commission inquiry[3] into the 2019 Christchurch terror attacks has lessons for Canada around the challenges of identity-based extremism.
With amendments to New Zealand’s firearms control laws before parliament[4] now, here are five broad aspects of the Canadian experience New Zealand policymakers should consider.
A robust gun registry
One thing made clear to me from visits to multiple Canadian police agencies was the need for New Zealand’s gun registration system to rise above politics.
Registration of restricted firearms has been a long-standing practice in Canada. But following the horrific École Polytechnique massacre[5] in 1989, when 14 women were killed, the registry was extended to include “long guns” (rifles and other non-pistol types).
But budget problems and debates about its merits saw the long-gun registry canned in 2012 – despite police agencies accessing records over 17,000 times a day[6].
The loss now makes it harder for police to assess risks when responding to calls, distinguish between legal and illegal firearms, trace the source of registered firearms found at crime scenes, and identify and return stolen and lost firearms to their owners.
The lesson for New Zealand, which is currently rebuilding a comprehensive firearms registry, is that a transparent and efficient registry is essential for the safety of the public and frontline police officers.
Mandatory reporting
The province of Quebec is unique not only for its language and culture, but for its approach to firearms regulation. It is also bucking wider trends, with a violent gun crime rate below other provinces[7].
Quebec has invested the equivalent of more than NZ$100 million in Operation Centaur[8], a dedicated initiative between law enforcement, community agencies and researchers, focused on reducing gun violence.
The province maintains its own comprehensive firearms register. But it also introduced legislation known as “Anastasia’s Law[9]” after the death of 18-year-old Anastasia De Sousa in a shooting incident.
The law created gun-free zones, prohibiting them from all educational institutions and public transport.
Medical and other professionals concerned about the behaviour of someone with access to a firearm can report them to authorities without fear of repercussion. And, unlike in New Zealand, it became mandatory for health providers to report all firearms injuries to the authorities.
Finally, the law says anyone responsible for a shooting club or range “must immediately report to the police any behaviour of a member or user with a firearm that may compromise the safety of that person or another person”.
As New Zealand writes new laws around its gun ranges and clubs, Anastasia’s Law has particular relevance. The gunman responsible for De Sousa’s death was an active member of a gun club prior to the attack, as was the Christchurch terrorist before his attack.
Gang pathologies
Gang members are responsible for 23%[10] of all firearms-related crime in New Zealand. Canada, too, has seen more firearms violence in public spaces linked to gangs, more projectiles being shot, and younger ages of gang members involved.
But the two countries are approaching the problem differently. New Zealand is pursuing a “big stick” policy[11], banning gang patches, dispersing gatherings of gang members in public places, and prohibiting firearms[12] from being licenced to gang members.
Canada, however, has committed significant and dedicated funding to understanding and potentially breaking the links between gangs and guns.
A 2022 Canadian parliamentary report[13] shows a focus on strong laws and stiff penalties for gun violence. But it also aims to establish evidential and systemic explanations for the problem and its cultural context, and to encourage greater cooperation between public safety agencies.
Within this, there is a strong emphasis on focused deterrence programmes to divert or exit young adults from gang life and violence before it’s too late.
‘Ghost gun’ regulation
So-called “ghost guns” are a looming crisis: privately and anonymously manufactured firearms, untraceable and often undetectable by security systems, including 3D-printed guns.
New Zealand has really only just begun to address the problem with new but somewhat generic laws governing[14] “offences relating to illegal manufacturing of certain arms items”.
The Canadians have gone further, with recent changes to firearms law[15] making it a crime to access or download manufacturing plans or graphics. Knowingly sharing or selling such data online for manufacturing or trafficking is also a crime, with penalties of up to ten years in prison.
The new rules also require licences to import or acquire[16] parts and accessories that could be used to illegally manufacture firearms.
Limits on pistols
Canada has just introduced a national freeze on the sale, purchase and transfer of handguns. Also, as a general rule, the maximum magazine capacity[17] for most handguns is ten cartridges.
The same applies in Australia[18], but New Zealand has neither a freeze on handguns nor maximum magazine capacity rules.
As the government rewrites firearms law, it can learn from its Commonwealth cousin’s experiences – both good and bad – to help craft robust rules that make everyone safer.
The author thanks Clementine Annabell for assisting with the research for this article.
References
- ^ firearm violence (www150.statcan.gc.ca)
- ^ Mass Casualty Commission (masscasualtycommission.ca)
- ^ royal commission inquiry (christchurchattack.royalcommission.nz)
- ^ firearms control laws before parliament (www.parliament.nz)
- ^ École Polytechnique massacre (www.cbc.ca)
- ^ over 17,000 times a day (www.cbc.ca)
- ^ violent gun crime rate below other provinces (montreal.citynews.ca)
- ^ Operation Centaur (www.quebec.ca)
- ^ Anastasia’s Law (www.cbc.ca)
- ^ responsible for 23% (www.beehive.govt.nz)
- ^ pursuing a “big stick” policy (www.legislation.govt.nz)
- ^ prohibiting firearms (legislation.govt.nz)
- ^ parliamentary report (www.ourcommons.ca)
- ^ laws governing (www.legislation.govt.nz)
- ^ recent changes to firearms law (www.cacp.ca)
- ^ licences to import or acquire (www.gazette.gc.ca)
- ^ maximum magazine capacity (rcmp.ca)
- ^ applies in Australia (www.police.nsw.gov.au)
Authors: Alexander Gillespie, Professor of Law, University of Waikato
